Logesh Kumar P vs National Insurance Company Ltd. And Ors
2024 Latest Caselaw 8411 P&H

Punjab-Haryana High Court

Logesh Kumar P vs National Insurance Company Ltd. And Ors on 22 April, 2024

                                                                                      2024:PHHC:053477

              113
                                       IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                  AT CHANDIGARH

                                                                      CWP-10251-2023
                                                                      Date of Decision: 22.04.2024


              LOGESH KUMAR P.
                                                                                      ...Petitioner
                                     Versus
              NATIONAL INSURANCE COMPANY LTD. AND ORS.
                                                                                      ...Respondents

              CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
              Present:-                Mr. Naveen Daryal, Advocate
                                       for the petitioner.

                                       Mr. Ashok Bhardwaj, Advocate
                                       for the respondents.

                                             *****

              JAGMOHAN BANSAL, J. (Oral)

1. The petitioner through instant petition under Articles 226/227

of Constitution of India is seeking setting aside of order dated 27.12.2022

(Annexure P-9) whereby his claim for arrears of wage revision has been

rejected.

2. The case of the petitioner is that on 01.08.2017 he was working

with respondent-Corporation as Assistant Manager. The petitioner after

getting no objection from the respondent appeared in the examination

conducted by UPSC. The petitioner on 28.09.2020 was declared successful

by UPSC and he submitted his technical resignation to respondent, which

came to be accepted on 07.10.2020. The Central Government has issued

notification dated 14.10.2022 whereby retrospectively allowances have been

authenticity of this order/judgment.

revised. The eligibility for revision of allowances has been mentioned in

Clause 1 of notification dated 26.10.2022. Clause I of the notification reads

as :

"Eligibility.

1.1 In terms of paragraph 1 of the Amendment Scheme 2022, the Scheme applies, save as otherwise provided, to all Class I Officers, who:-

(1) were in service as on 1st August 2017 and continue to be in service on the date of publication of the Amendment Scheme 2022; or

(ii) were in service as on 1st August 2017 and have died, or retired on reaching the age of superannuation or opted for voluntary retirement; or

(iii) were appointed on any date after 1st August 2017.

3. The petitioner was in service on 01.08.2017 and his technical

resignation was accepted on 17.10.2020, thus, he is eligible for arrears of

wage revision, however, respondent has rejected his claim.

4. Mr. Ashok Bhardwaj, Advocate submits that claim of the

petitioner is not sustainable. However, if he files fresh representation it

would be considered in accordance with applicable notification.

5. In the wake of statement of learned counsel for the respondents,

the present petition stands disposed of.

                                                                             (JAGMOHAN BANSAL)
              22.04.2024                                                          JUDGE
              himanshu

                                       Whether speaking/reasoned                 Yes/No

                                       Whether reportable                        Yes/No

authenticity of this order/judgment.